I'm John Batchew with my colleague and co-host, that is McCutter of American greatness, a recovering politician,

and we're very pleased to have the help of Andrew McCarthy National Review Online,

writing up a decision made in these last hours that appears bizarre.

The Justice Department has filed a indictment to seek out and arrest and charge Ismal Haniya, Mohammed al-Massri, also

known as Mohammed Dif, and Marwan Isa, at least two of those names, maybe three of them, are dead.

Andy, do you charge dead people with the Department of Justice is there merit to that

is there discovery attached to it in some fashion

until yesterday john i would have emphatically answered that question no and part of the reason is that

it actually charging defendants who end up dying before they go to trial ends up being work for the Justice Department.

I mean basically you have to prepare all kinds of paperwork and get the court to sign off on it.

We call it the death knolly which means that you know the Justice

Department is choosing not to go forward in the case and asking the court not to

proceed with the case because the accused has perished. But obviously you

don't you can't prosecute people who are not alive. So here to four that's been such a common sense thing. I doubt it's written down any

place but yesterday as you point out the justice department did announce with great fanfare a 38 page

criminal complaint against six leaders of Hamas three of whom are dead.

And this can't be, you know, originally, John,

when I saw this, I thought, well, maybe this is an accident

in that, like, they wrote up a very detailed complaint and maybe between the time they completed it and

filed it in court and the time they finally unsealed it, the guys had been killed.

But that's not what happened at all but one of the guy I think

mastery the last one you mentioned was was killed in combat operations in

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